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Can I collect cookie information from participants in Delaware? What are the requirements?

In Delaware, the collection of personal information, including via cookie technology, is regulated by the Delaware Online Privacy and Protection Act (DOPPA) [2.1].

According to DOPPA, state agencies that maintain a state agency website must develop a privacy policy that includes a statement of any information, including personal information, the state agency website may collect with respect to the user and the use of the information. The policy must also include the circumstances under which information, including personal information, collected may be disclosed, whether any information collected will be retained by the state agency, and the period of time that such information will be retained [2.4].

For commercial internet websites, online or cloud computing services, online applications, or mobile applications that collect personally identifiable information through the Internet about individual users residing in Delaware, the operator must make its privacy policy conspicuously available on its internet website, online or cloud computing service, online application, or mobile application. The privacy policy must identify the categories of personally identifiable information that the operator collects through the internet website, online or cloud computing service, online application, or mobile application about users of its commercial internet website, online or cloud computing service, online application, or mobile application and the categories of third-party persons with whom the operator may share that personally identifiable information. The policy must also describe the process by which the operator notifies users of its commercial internet website, online or cloud computing service, online application, or mobile application of material changes to the operator’s privacy policy for that internet website, online or cloud computing service, online application, or mobile application [3.2].

Therefore, if you are collecting cookie information from participants in Delaware, you must have a privacy policy that includes the information mentioned above. Additionally, you must make the privacy policy conspicuously available on your website, online service, or application.

Note that the use of protected health information collected by the Department of Health and Social Services or its agencies, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and the Drug Overdose Fatality Review Commission shall be used solely for legitimate public health purposes [5.1].

Source(s):
Jurisdiction

Delaware